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This book employs a comparative approach to comprehensively discuss hosting ISPs’ (Internet Service Providers') responsibilities for copyright infringement in the US, EU and China. In particular, it details how the current responsibility rules should be interpreted or revised so as to provide hosting ISPs maximum freedom to operate in these jurisdictions. In addition to examining relevant state regulations, the book assesses self-regulation norms agreed upon between copyright owners and hosting ISPs, and concludes that self-regulation is better suited to preserving hosting ISPs’ freedom to operate. The results of this study will be interesting for a broad readership, including academics and practitioners whose work involves hosting ISPs’ copyright responsibilities.
This book critically evaluates the EU regulatory framework for the liability of host Internet Service Providers (ISPs) for copyright and trade mark infringements and provides a cluster of novel recommendations for its improvement. The book recommends the imposition of a duty of care to host ISPs to curb the dissemination of unauthorised works and counterfeit goods, the ascription of a transparency obligation to host ISPs towards their users, and the establishment of a supervisory authority for host ISPs. Host ISPs have facilitated the dissemination of content amongst users and the purchase of goods online, enabling copyright holders and brand owners to attract a greater audience for their works and goods. However, their services have attracted a high number of copyright and trade mark violations, too. Neither Article 14 of the e-Commerce Directive nor Article 17 of the Copyright in the Digital Single Market Directive provide a solid response to the issue of host ISPs' liability. This book is a valuable resource for researchers in IT and IP law and offers a new perspective for resolving online IP disputes.
In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties. These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited. This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems.
This book focuses on protection needs and new aspects of personality and data protection rights on the Internet, presenting a comprehensive review that discusses and compares international, European and national (Brazilian, German, Pakistani) perspectives. It deals with overarching questions, such as whether universal minimum standards of privacy protection can be developed or how regional data protection rights can be safeguarded and enforced extraterritorially, given the conditions of the Internet. Furthermore, the book addresses new challenges and novel rights, e. g., data retention and protection against mass surveillance, the right to be forgotten, rights to anonymity, legal issues of the digital estate or rights relating to algorithmic decision-making. Furthermore, the book explores how well-known paradigms, such as liability for personality rights violations or damages, have to be adapted in view of the significant role of intermediaries.
Information is a critical resource for personal, economic and social development. Libraries and archives are the primary access point to information for individuals and communities with much of the information protected by copyright or licence terms. In this complex legal environment, librarians and information professionals operate at the fulcrum of copyright’s balance, ensuring understanding of and compliance with copyright legislation and enabling access to knowledge in the pursuit of research, education and innovation. This book, produced on behalf of the IFLA Copyright and other Legal Matters (CLM) Advisory Committee, provides basic and advanced information about copyright, outlines limitations and exceptions, discusses communicating with users and highlights emerging copyright issues. The chapters note the significance of the topic; describe salient points of the law and legal concepts; present selected comparisons of approaches around the world; highlight opportunities for reform and advocacy; and help libraries and librarians find their way through the copyright maze.
This book considers the social, legal and technological features of unauthorised dissemination of intimate images. With a focus on private law theory, the book defines the appropriate scope of liability of platforms and viewers.
This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.
Although Internet governance deals with the core of the digital world, governance cannot be handled with the digital-binary logic of the true or false, or good or bad. Instead, the subject demands many subtleties and shades of meaning and perception, requiring an analogue approach, covering a continuum of options and compromises. The aim of the book An Introduction to Internet Governance, by Dr Jovan Kurbalija, is to provide a comprehensive overview of the main issues and actors in the field through a practical framework for analysis, discussion, and resolution of significant issues. Written in a clear and accessible way, supplemented with figures and illustrations, it focuses on the technical, security, legal, economic, development, sociocultural, and human rights aspects of Internet governance. The text and approaches presented in the book have been used by DiploFoundation and many universities as a basis from training courses and capacity development programmes on Internet governance.
An examination of how self-regulation works (or doesn't work) in practice, in a variety of countries, as well as the problems of balancing private censorship against fundamental rights to freedom of expression and privacy for media users.